§ 6604-A — Mandatory continuing education for dentists

§ 6604-a. Mandatory continuing education for dentists. 1. (a) Each\ndentist, licensed pursuant to this article, required to register\ntriennially with the department to practice in this state shall comply\nwith the provisions of the mandatory continuing education requirements,\nexcept as set forth in paragraphs (b) and (c) of this subdivision.\nDentists who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements\nand have been issued a registration or conditional registration\ncertificate.\n (b) Dentists shall be exempt from the mandatory continuing education\nrequirement for the triennial registration period during which they are\nfirst licensed. In accordance with the intent of this section,\nadjustments to the mandatory continuing education requirement may be\ngranted by the department for reasons of health, certified by a\nphysician, for extended active duty with the armed forces of the United\nStates, or for other good cause acceptable to the department which may\nprevent compliance.\n (c) A licensed dentist not engaged in public practice as an individual\npractitioner, a partner of a partnership, a shareholder of a\nprofessional service corporation, or an employee of such practice units,\nshall be exempt from the mandatory continuing education requirement upon\nthe filing of a statement with the department declaring such status. Any\nlicensee who returns to the public practice of dentistry during the\ntriennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory continuing\neducation requirements as shall be prescribed by regulation of the\ncommissioner.\n 2. During each triennial registration period an applicant for\nregistration shall complete a minimum of sixty hours of acceptable\nformal continuing education, a maximum of eighteen hours of which may be\nself-instructional coursework as approved by the department. Beginning\nwith the first registration renewal period for any dentist occurring on\nor after January first, two thousand two, and before the occurrence of\nthe second registration renewal period following that date, a dentist\nshall have completed on a one-time basis, as part of the sixty hours of\nacceptable formal continuing education required by this section, no\nfewer than two hours of coursework and training regarding the chemical\nand related effects and usage of tobacco and tobacco products and the\nrecognition, diagnosis, and treatment of the oral health effects,\nincluding but not limited to cancers and other diseases, caused by\ntobacco and tobacco products, provided that any dentist who provides\nwritten proof satisfactory to the department that the dentist has\ncompleted, at any time subsequent to the effective date of this section,\nan approved mandatory continuing education course of not less than two\nhours in the same or substantially similar subject matter shall be\ndeemed to have met this requirement, and further provided that dentists\nwho are exempt from the mandatory continuing education requirement for\nthe triennial registration period during which they are first licensed\nshall also be exempt from this requirement for that period. Any dentist\nwhose first registration date following the effective date of this\nsection occurs less than three years from such effective date, but on or\nafter January first, nineteen hundred ninety-eight and before July\nfirst, two thousand eight, shall complete continuing education hours on\na prorated basis at the rate of one and one-quarter hours per month for\nthe period beginning January first, nineteen hundred ninety-seven up to\nthe first registration date thereafter. For any registration period\nbeginning before July first, two thousand eight and ending on or after\nsuch date, each dentist shall complete continuing education hours on a\npro rata basis at a rate of one and one-quarter hours per month for the\nperiod ending June thirtieth, two thousand eight and at a rate of one\nand two-thirds hours per month for the period beginning July first, two\nthousand eight up to the first registration date thereafter. A licensee\nwho has not satisfied the mandatory continuing education requirements\nshall not be issued a triennial registration certificate by the\ndepartment and shall not practice unless and until a conditional\nregistration certificate is issued as provided in subdivision three of\nthis section. The individual licensee shall determine the selection of\ncourses or programs of study pursuant to subdivision four of this\nsection.\n 3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and take any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department. Any licensee who is notified of\nthe denial of registration for failure to submit evidence, satisfactory\nto the department, of completion of required continuing education and\nwho practices dentistry without such registration, may be subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis title.\n 4. As used in this section, "acceptable formal continuing education"\nshall mean formal programs of learning which contribute to professional\npractice and which meet the standards prescribed by regulations of the\ncommissioner. To fulfill the mandatory continuing education requirement,\nprograms must be taken from sponsors having at least one full-time\nemployee and the facilities, equipment, and financial and physical\nresources to provide continuing education courses, approved by the\ndepartment, pursuant to the regulations of the commissioner.\n 5. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section six thousand six hundred four of\nthis article.\n 6. On or after the effective date of this subdivision, and no later\nthan the end of the first registration period commencing on or after\nsuch date during which he or she is required to comply with the\ncontinuing education requirements of this section, each dentist shall\nhave completed on a one-time basis, as part of the mandatory hours of\nacceptable formal continuing education required by this section, no\nfewer than three hours in a course approved by the department in dental\njurisprudence and ethics, which shall include the laws, rules,\nregulations and ethical principles relating to the practice of dentistry\nin New York state, provided that postgraduate dental students enrolled\nin New York state dental residency programs may satisfy the requirements\nof this subdivision by taking such an approved course during the period\nof their dental residency prior to their initial licensure.\n